Dear Perth and Kinross Council,
I refer to the FOI request sent to Perth & Kinross Council on 5/2/21, and your reply of 22/3/21, details available here:
I was about to send you a similar request, but noticed that you have already responded to the request above.
Unfortunately, it looks as if the reply documentation is only available to the requestor.
Could you please make the reply documentation available to me?
Thank you for your email.
If your email contained a request for information under the terms of the
Freedom of Information (Scotland) Act 2002, or the Environmental
Information (Scotland) Regulations 2004, this email is an acknowledgement
of your request. The legislation indicates that you should receive a
response within 20 working days counting from the day after it was
We would like to advise you that although every effort will be made to
respond to your request within statutory timescales, during the Covid 19
pandemic, Council resources have been directed towards ensuring the
continued provision of critical services and this may have an impact on
response times. We will let you know if our response to your request will
be delayed. We would like to thank you for your patience in this matter.
If we require clarification of your request, if it is in relation to
another matter, or if you have contacted us about a request you submitted
previously, we will contact you as soon as possible.
Information Governance Team
Perth and Kinross Council
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Good afternoon Mr MacLean
Please see the previous response below -
"Freedom of Information (Scotland) Act 2002
Request for Information – Stonewall Information
I refer to your request for information dated 5 February 2021.
The information you requested was:-
1. Any application you made in 2019 or 2020 to be a “Stonewall Diversity Champion” or to be included on Stonewall’s “Workplace Equality Index,” including any attachments or appendices to those applications. Please redact personal details if necessary.
2. Any feedback you received in 2019 or 2020 from Stonewall in relation to either application or programme.
3. Any other communication you have received from Stonewall in 2019 or 2020 unless privileged or otherwise exempt from disclosure (but if you claim privilege or exemption in relation to any material, please say in broad terms what the material is and the basis on which you claim to be entitled to withhold it).
4. Full details of any equality impact assessment you carried out connected with any of these applications (including any equality impact assessment carried out prior to an earlier application of the same kind, if no further assessment was done).
5. Details of the total amount of money you paid to Stonewall (i) in 2019; (ii) in 2020, whether or not as payment for goods or services.
6. Whether you intend to continue your membership of any Stonewall scheme in the future, and if so which.
Relative to the above, I am advised of the following:
This was an online submission using a system provided by Stonewall. In terms of section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, this is formal notice that this information is not held.
We consider this information to be exempt from disclosure under section 33 (1) (b) of the above Act. Section 33(1)(b) relates to commercial interests and the economy, and states that information is exempt if: “its disclosure under this Act would, or would likely to, prejudice substantially the commercial interest of any person (including, without prejudice to that generality, a Scottish public authority)”. I am satisfied that commercial interests exist in relation to this information and that disclosure would cause harm to Stonewall.
Information falling within this exemption must still be provided however unless it is not in the public interest to do so.
There will always be some general public interest in the disclosure of information to promote transparency and accountability of public authorities. The Council recognises that this interest includes allowing for increased understanding of the processes and policies concerning LGBTQ+ diversity and inclusion in the workplace.
However, the disclosure of this information may lead to a detrimental impact on the commercial activities and revenue of Stonewall, as other public bodies may be less willing to engage in its services if detailed submission and feedback information were shown to be subject to disclosure. Disclosure may also weaken the competitive position of Stonewall by disclosing sensitive information which would likely be used by competitors to gain a competitive advantage in providing measurements and advice on the progress of LGBTQ+
diversity and inclusivity in public authority workplaces.
As such, the public interest is not served by public bodies becoming less willing to engage in programmes and services which assist in promoting LGBTQ+ diversity and inclusivity, which is a likely consequence if Perth & Kinross Council favours disclosure of the information which falls in scope of your request.
We have therefore decided that, on balance, it is not in the public interest to disclose this information at this time.
Emails attached. Please note personal information as defined by Article 4(1) of the General Data Protection Regulations has been removed. Accordingly, an exemption in terms of Section 38(1)(b) and Section 38 (2)(a)(i) of the Freedom of Information (Scotland) Act 2002 has been applied in respect of the information withheld.
The individuals concerned have not given their consent to the information being disclosed to the person making the request.
Disclosure of the information, and any other information which is likely to come into the possession of the person making the request; would lead to disclosing personal information relating to another individual who can be identified from that information. The release of this personal information would contravene data protection principles.
Specifically the information is exempt under Sections 38(1)(b) with reference to Section 38(2)(a)(i) of the Freedom of Information (Scotland) Act 2002, release of information that would breach data protection principles.
This information is personal data as defined by Article 4(1) of the General Data Protection Regulations.
The General Data Protection Regulations set out principles for how personal data must be processed. I consider that releasing this information would breach the following principles;
(a) Personal data shall be processed lawfully, fairly and in a transparent manner - release of this information would breach this principle as had no expectation or understanding that this personal information would be released to the public.
(b) Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes- release of this information would breach this principle as the purpose of obtaining and recording the personal information was not to release the information to the public
5. 11.3.19 £3000 Diversity Membership
21.8.19 £120 Empowerment Week
28.11.19 £252 Conference 29/11/2019
9.12.19 £108.33 Rainbow Laces
6. Membership of the Stonewall Diversity Champions Programme was ceased in March 2020 and we have no plans to renew at this stage.
You have a right to request a review of the Council’s decision. Click here to view a copy of our information leaflet which explains how to do this. If you remain dissatisfied after the Council has carried out its review, you can appeal online to the Scottish Information Commissioner
Should you require any further explanation or assistance please do not hesitate to contact me.
Information Compliance Team
Legal & Governance Services
Corporate and Democratic Services
2 High Street
I hope this helps,
Legal & Governance Services
Corporate and Democratic Services
2 High Street
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